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The Committee notes the information provided regarding effect given to the definitions in Article 1 of the Convention.
Article 3 of the Convention. National policy to be formulated, implemented and periodically reviewed. The Committee notes that the Zimbabwe national policy on occupational safety and health (OSH), which covers all branches of economic activity including mining and was originally formulated in 1993 and revised in 2006, is currently under review again. In the context of its comments on the application of the Occupational Safety and Health Convention, 1981 (No. 155), the Committee has requested the Government to submit a copy of this policy once it has been adopted. The Committee requests the Government to provide further information on measures taken to ensure the implementation of the relevant national policy in law and in practice.
Article 5. Regulation and monitoring of various aspects of safety and health in mines. The Committee notes the information that the competent authority on OSH in mines is the Chief Mining Engineer but that the Ministry of Mines and Mining Development also enforces safety and health laws in the mining sector. The Committee also notes that the National Social Security Authority enforces the Pneumoconiosis Act, Chapter 15:08 and through its safety and health inspectorate inspects various activities in mines. However, the Committee also notes the absence of any detailed information on the effect given to Article 5(2) of the Convention. The Committee requests the Government to provide detailed information on the respective competencies of these authorities as regards the monitoring of relevant regulations on safety and health in mines. The Government is also requested to provide further information on measures taken, in law and in practice, to give effect to Article 5(2), particularly with regard to first aid and medical facilities; storage; transportation and disposal of hazardous substances; sanitary and welfare facilities; reporting of occupational diseases; and the requirement to develop and review workplans.
Article 7. Responsibilities of employers on measures taken to eliminate or minimize risks to safety and health. The Committee notes the reference made to the National Social Security Authority (Accident and Prevention and Workers’ Compensation Scheme) notice, Statutory Instrument 68 of 1990 (SI 68), third schedule, section 1, which prescribes that the duties of the employers include to ensure that adequate measures are taken to protect the safety and health of workers and that these provisions apply to all economic sectors. The Committee notes, however, that the mine-specific legislation i.e. the Mines and Minerals Act and SI 109 referred to, does not expressly impose these obligations on the employer. It also notes, however, that SI109 provides that a manager shall be appointed for every mine, with the responsibility for taking all reasonable measures to provide for the safety and proper discipline of persons employed at the mine. The Committee requests the Government to clarify the effect given to this Article of the Convention including, in particular, the respective legal responsibilities of employers engaged in mining activities and the managers of mines appointed in application of SI 109.
Article 10. Employers’ obligations to provide workers with training and comprehensible instruction. The Committee notes that according to SI 68, third schedule, paragraph 1, employers are responsible for providing workers with instructions and training on OSH. The Committee notes, however, that SI 109 does not regulate the provision of OSH instructions and training of workers. It also notes the other provisions of this Article, such as carrying out adequate control and supervision, setting up a register of the names of workers and the investigation of accidents and dangerous occurrences, are under the responsibility of the managers of mines. The Committee requests the Government to provide further clarification on the responsibilities of employers in this respect, and to give additional information on measures taken to give full effect to this Article in law and in practice.
Articles 13 and 14. Rights and duties of workers and their representatives. The Committee notes that the Government states that the rights and duties of workers are not quite explicit in the existing legislations. It also notes that the Government indicates that it has been making efforts to ensure that the rights of workers on OSH should be more pronounced in the envisaged new OSH legislation. The Committee asks the Government to ensure the application of the provisions of these Articles in the envisaged OSH legislation.
Article 15. Cooperation between employers and workers and their representatives. The Committee notes that, according to the Government, the establishment of safety and health committees and the appointment of safety and health representatives provided for in SI 68, third schedule, section 1, is one of the responsibilities of employers. Referring to its comment under Article 7 above, the Committee requests the Government to further clarify the employers’ responsibility in this regard in mines.
Part V of the report form. Application in practice. The Committee notes that the Government omitted to provide the information requested regarding the application of the Convention in practice. With reference also to its comments this year regarding the application of the Occupational Safety and Health Convention, 1981 (No. 155), the Committee reiterates its request to the Government to provide a general appreciation of the application of the Convention, including the previously requested details.
The Committee notes the communication sent be the Zimbabwe Congress of Trade Unions, received on 21 September 2009. The Committee will examine this communication along with any comments that the Government may deem relevant to provide thereon. Noting also that the Government’s report has not been received, the Committee must repeat its previous direct request, which read as follows:
Article 4 of the Convention. National legislation. The Committee notes that the Mines and Minerals Act, the Mining (Management and Safety) Regulations, the Mining (Health and Sanitation) Regulations, the Explosives Act, the Explosives Regulations, and the Pneumoconiosis Act ensure partially the application of the Convention. It notes in this respect the Government’s statement that “there might be a need to rephrase some part of the regulations in order to fully comply with the Convention”. The Committee hopes that the Government will implement this declaration in the near future taking into account the Committee’s comments on exiting legislation as set out below. The Committee requests the Government to provide additional information in its next report on measures taken or envisaged to ensure the application of the following provisions concerning the scope and means of application of the Convention:
– Article 1 of the Convention on definitions of “mine” and “employer”;
– Article 3 on a national policy to be formulated, carried out and periodically reviewed; and
– Article 5 on the competent authority to monitor and regulate the various aspects of safety and health, such as: the collection of statistical information of accidents, illnesses and dangerous occurrences; the suspension or restrictions of mining activities to remain until correction of the condition that give rise to it; that self-rescue respiratory devices are provided for workers in underground mines; that hazardous substances and waste products from the mine are stored, transported and disposed of safely; and that appropriate workplans are prepared before the start of operation and when significant modifications are carried out.
The Committee requests the Government to provide additional information on measures taken or envisaged to ensure the application of the following provisions of the Convention concerning the responsibilities of employers, namely:
– Article 7 on measures to eliminate or minimize the risks to safety and health by employers’ obligation to ensure that mines are commissioned, operated, maintained and decommissioned in such a way that workers can perform their work in a safe and healthy manner; and
– Article 10 on employers’ obligations to ensure that workers are provided with training and comprehensible instructions; that adequate control and supervision is provided on each shift; that the name of all workers being underground can be accurately known at any time, as well as their probable location; and that all accidents and dangerous occurrences are investigated by the employers.
The Committee requests the Government to provide additional information on measures taken or envisaged to ensure the rights and duties of workers and their representatives, namely:
– Article 13 on workers and their representatives rights enumerated in this Article, including the right to report accidents and dangerous occurrences; to request investigations to be carried out; the right to obtain safety and health information from the employer and authorities; the right to remove themselves from any location in the mine when circumstances arise that pose a serious danger to their safety and health; the right of workers to select collectively their representatives; that the workers’ representatives have the enumerated rights; and that both workers and their representatives rights can be exercised without any discrimination and retaliation; and
– Article 14 on workers’ duties to comply with safety and health instructions; to take reasonable care of their own safety and health and that of others; that they report to their supervisor any situation they believe could present a risk that they cannot deal with themselves; and that they cooperate with the employer.
Article 15. Cooperation between employers and workers and their representatives. The Committee requests the Government to provide additional information on measures taken or envisaged to encourage, under Article 15 of the Convention, cooperation between employers and workers and their representatives to promote safety and health in mines.
Part V of the report form. The Committee requests the Government to provide a general appreciation of the application of the Convention, including the number of workers covered, information on labour inspections, including findings of any infringements and actions taken, and statistical information on accidents, illnesses and dangerous occurrences in mines.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
1. The Committee notes the information contained in the Government’s first report and the attached legislation. With reference to the observations submitted by the International Confederation of Free Trade Unions (ICFTU) and the Zimbabwe Congress of Trade Unions (ZCTU) and the Government’s reply thereto, the Committee refers to its observation this year under the Occupational Safety and Health Convention, 1981 (No. 155).
2. Article 4 of the Convention. National legislation. The Committee notes that the Mines and Minerals Act, the Mining (Management and Safety) Regulations, the Mining (Health and Sanitation) Regulations, the Explosives Act, the Explosives Regulations, and the Pneumoconiosis Act ensure partially the application of the Convention. It notes in this respect the Government’s statement that “there might be a need to rephrase some part of the regulations in order to fully comply with the Convention”. The Committee hopes that the Government will implement this declaration in the near future taking into account the Committee’s comments on exiting legislation as set out below. The Committee requests the Government to provide additional information in its next report on measures taken or envisaged to ensure the application of the following provisions concerning the scope and means of application of the Convention:
3. The Committee requests the Government to provide additional information on measures taken or envisaged to ensure the application of the following provisions of the Convention concerning the responsibilities of employers, namely:
4. The Committee requests the Government to provide additional information on measures taken or envisaged to ensure the rights and duties of workers and their representatives, namely:
5. Article 15. Cooperation between employers and workers and their representatives. The Committee requests the Government to provide additional information on measures taken or envisaged to encourage, under Article 15 of the Convention, cooperation between employers and workers and their representatives to promote safety and health in mines.
6. Part V of the report form. The Committee requests the Government to provide a general appreciation of the application of the Convention, including the number of workers covered, information on labour inspections, including findings of any infringements and actions taken, and statistical information on accidents, illnesses and dangerous occurrences in mines.
1. The Committee notes the Government’s comprehensive first report on the measures taken to give effect to the Convention, received in the ILO at the end of September 2005.
2. The Committee notes a communication received in September 2005 from the Zimbabwe Congress of Trade Unions (ZCTU), which contains observations concerning the application of the Convention by Zimbabwe. It notes that this communication was sent to the Government on 24 October 2005 for any comments it might wish to make on the matters raised therein. The Committee observes that no such comments have been received from the Government so far and hopes that the Government will communicate its comments with its next report, so as to enable the Committee to examine them at its next session.
[The Government is asked to reply in detail to the present comments in 2006.]